A Primer on Technological Advances in E-Discovery
“E-discovery is pervasive. It’s like understanding civil procedure. You’re not going to be a civil litigator without understanding the rules of civil procedure. Similarly, you’re no longer going to be...
View ArticleIP Buzz - June 2014
In this issue: - Patent Reform: It's Alive! - Nautilus: New Test, Same Application? - Supreme Court Opens Door to Food and Beverage Label Challenges Under Lanham Act - Alice Corp. v. CLS Bank: Another...
View ArticleSixth Circuit Vacates Denial of Class Certification in Blast Fax Case
Plaintiff Sandusky Wellness Center (“Sandusky Wellness”) had alleged that defendants Wagner Wellness, Inc., and its owner, Robert Wagner (collectively “Wagner”), had violated Section 227 of the TCPA by...
View Article"Color" Is the New "Black and White" for EU Trademarks
Previously, a logo registered in black and white was considered sufficient to protect versions of the logo in any color, but this is not necessarily true for European Union (EU) Community Trade Marks...
View ArticleIn Riley v. California, Supreme Court Rules Police Must Obtain Warrant before...
In a unanimous decision issued last week, the Supreme Court ruled that police cannot search the cell phones of arrested individuals without a warrant. In reaching its decision, the Court recognized...
View ArticleAlice v CLS Bank: An Australian Perspective
Over the decades, the use of patents to protect “software” or “computer implemented” inventions has been the subject of much debate: both on the philosophical question of whether such inventions should...
View ArticleWhen Bosses Can’t Be “Friends”
Modern Technology has increasingly blurred the line between business and personal lives, thanks in large part to social media that can broadcast employees’ views to friends and the public in a...
View ArticleDocs @ BIO: USPTO Provides Update on Myriad-Mayo Guidance
At last week's BIO International Convention in San Diego, Andrew Hirshfeld, USPTO Deputy Commissioner for Patent Examination Policy, and June Cohan, a Legal Advisor with the USPTO's Office of Patent...
View ArticleDrug Distributor and Pharmacies Obtain Partial Dismissal of State and Federal...
On June 10, 2014, a New York federal court dismissed, in part, state and federal False Claims Act (FCA) claims brought against Novartis Pharmaceuticals Corporation and pharmacies to which it...
View ArticleCybersecurity: Having a Privacy Policy is Not Enough
With the rash of significant data security incidents that occurred in 2013 and have continued to this day, it is increasingly important for companies to have an updated cybersecurity preparedness plan....
View ArticleOIG Issues Special Fraud Alert About Laboratory Payments to Referring Physicians
On Wednesday, June 25, 2014, the Office of Inspector General (OIG) issued a Special Fraud Alert (the Alert) addressing compensation paid by laboratories to referring physicians. The latest in a series...
View ArticleFDA Draft Guidance - Best Practices for Developing Drug Trademarks
In late May, the FDA released a draft guidance document detailing its best practices for developing trademarks for drugs. The draft guidance, entitled Best Practices in Developing Proprietary Names for...
View ArticleWrap-up of International Chemical Regulatory Developments – June 2014
NICNAS Will Hold Training And Outreach Sessions: The National Industrial Chemicals Notification and Assessment Scheme (NICNAS) will be conducting stakeholder training and awareness sessions in major...
View ArticleFFIEC Launches Cybersecurity Resources Web Page
On June 24, the FFIEC unveiled a new web page that will serve as a central repository for current and future FFIEC-related materials on cybersecurity. Although the FFIEC did not release any new...
View ArticleFTC Releases 2014 Privacy and Data Security Update, Touting Its Efforts and...
Last week, the Federal Trade Commission (FTC) released its 2014 Privacy and Data Security Update, summarizing the FTC’s major enforcement actions, policy initiatives, rules, reports, workshops, and...
View ArticleTips For Navigating U.S. and International Data Breaches
Navigating today’s complex legal and regulatory framework surrounding data breaches can be a daunting process for even the most sophisticated organization. In the United States, there is not currently...
View ArticleDolly Was a "Natural Phenomenon"
In re Roslin Institute (Edinburgh) - Addressing patent eligible subject matter under 35 U.S.C. § 101, the U.S. Court of Appeals for the Federal Circuit affirmed the decision of the U.S. Patent and...
View ArticleABC v. Aereo: Copyright Infringement By Intercepting and Rebroadcasting...
In American Broadcasting Companies, Inc. v. Aereo, Inc. (June 25, 2014, No. 13-461) 2014 U.S. Lexis 4496, the issue before the court was “[w]hether a company ‘publicly performs’ a copyrighted...
View ArticleIf Exposed to Cyber-Attacks, Cyberinsurance May Cover Losses
Your network is your company’s life blood. You want to be protected in the event your cybersecurity is breached; the attack on Target being a recent, well-publicized reminder to the threat of cyber...
View ArticleFFIEC Debuts Web Page on Cybersecurity
On June 24, the Federal Financial Institutions Examination Council (FFIEC) launched a Web page on cybersecurity. The press release stated that the FFIEC members are taking a number of steps to raise...
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